Friday, August 26, 2022

Fifty thousands compensation and breaking of impunity in case of custodial torture


The Commission received a complaint on 16.1.2020 from Dr. Lenin Raghuvanshi of an NGO, forwarding a press clipping on brutal police assault by constables on a person suspected to be involved in a theft case in Deoria, UP and has prayed for intervention by the Commission in the matter.

Vide its proceedings dated 30.01.2022 the Commission observed and directed thus:-

“The Commission vide its proceeding dated:02-08-2021 directed the Chief Secretary, Government of Uttar Pradesh to make the payment of monetary compensation/ interim assistance of Rs.50,000/- fifty thousand) to the victim and transmit the copy of receipt in respect of payment made within six weeks positively to the Commission.

The Commission has not received any reply from the Chief Secretary, Government of Uttar Pradesh to make the payment of monetary compensation/ interim assistance of Rs.50,000/- (fifty thousand) to the victim.

The Commission has considered the matter. The Commission has taken the serious view of the non responsive attitude of the Chief Secretary, Government of Uttar Pradesh. Let a notice be sent to the Chief Secretary, Government of Uttar Pradesh, calling upon the Chief Secretary, Government of Uttar Pradesh to submit his response qua non-payment of the monetary compensation amount of Rs.50,000/- to the victim within four weeks positively, failing which the Commission shall be constrained to issue coercive process u/s. 13 of the Protection of Human Rights Act, 1993.”
Pursuant to the above direction, the Superintendent of Police (Human Rights), Uttar Pradesh, Lucknow filed a report dated 07.05.2022 along with the proof of receipt dated 30.03.2022 of payment of compensation to Mr. Sumit Goswami (Victim) amount of Rs. 50,000/-(Fifty Thousand Only) as recommended by the commission vide proceeding dated 02.08.2021.

Considering the facts, the Commission has taken of view that in the present matter Head Constable Lal Bihari, Constable Chandra Mauleshwar Singh and Constable Jitendra Yadav used force during the questioning of the accused and accordingly on the complaint of Sub Inspector Rama Shankar Yadav, Day Officer of the Police Station, NCR No.04/2020, under section-323, 504 of IPC has been registered against the delinquent police personnel and the charge sheet has been filed before the Learned Court. Moreover, as per the direction of the commission the compensation of Rs. 50,000/-(Fifty Thousand Only) has been paid to the complainant.

In the given facts and circumstances, nothing is remained to be dealt with further in the present matter. Therefore, the present case is now closed without any order and direction.

#Torture #PVCHR #NHRC #UP #Deoria 
 

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